Otero County Opposes SB25-003, for Constitutional Violations and Negative Rural Impact

Description: Otero County Sheriff Shawn Mobley Addressed the Otero County Commissioners and Spoke of the Importance of Protecting Constitutional Rights During the April 14, 2025 Public Meeting...

Otero County Adopts Resolution Opposing SB25-003, Condemns New Gun Law as Unconstitutional and Harmful to Rural Communities...

Resolution # 2025-11

A RESOLUTION OPPOSING COLORADO SENATE BILL 2025-3, AND AFFIRMING THE CONSTITUTIONAL RIGHTS OF OTERO COUNTY CITIZENS

WHEREAS, the Second Amendment to the United States Constitution provides that "A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed", and

WHEREAS, the Second Amendment of the United States Constitution was intended to protect the citizens of this country from tyrannical government actions, and unnecessary infringements on the citizenry's rights to self-protect, and

WHEREAS, in 2008 the United States Supreme Court ruled that the Second Amendment protects an individual's right to keep and bear arms, outside of military service in District of Columbia v. Heller. The 2008 decision was based on the District of Columbia's attempt to circumvent the constitutional rights of its citizens. The United States Supreme Court determined that the District of Columbia's restriction on handguns was a violation of the United States Constitution, and

WHEREAS, in 2010 the United States Supreme Court in McDonald v. City of Chicago ruled that the Second Amendment right to bear arms applies to state and local governments through the Fourteenth Amendment's Due Process Clause, meaning states cannot infringe on this right, and

WHEREAS, the United States Supreme Court has allowed reasonable gun control measures in the name of public safety; however, Colorado's SB2025-3 is not a reasonable restriction placed on law-abiding citizens, but rather an unconstitutional violation of the due process rights of every Otero County citizen.

WHEREAS, Article II Section 13 of the Colorado Constitution and the accompanying body of case law indicate that the State of Colorado may only impose restrictions under the police power provision of the state.

WHEREAS, Colorado Senate Bill 2025-3 targets law-abiding citizens and goes well beyond the scope of the State's police power.

WHEREAS, Colorado Senate Bill 2025-3 ("SB-3"), passed by the Colorado Legislature on March 28, 2025, and signed into law by Governor Jared Polis, in part, prohibits knowingly manufacturing, distributing, transferring, selling, or purchasing a semiautomatic rifle or semiautomatic shotgun with a detachable magazine or a gas-operated semiautomatic handgun with a detachable magazine ("specified semiautomatic firearms") with limited exceptions and only upon an individual completing onerous, lengthy, and costly background checks and safety courses; and

WHEREAS, pursuant to SB-3, the unlawful manufacture, distribution, transfer, sale, or purchase of a specified semiautomatic firearm is a class 2 misdemeanor, and a second or subsequent offense is a class 6 felony; and

WHEREAS, also pursuant to SB-3, a dealer who unlawfully manufactures, distributes, transfers, sells, or purchases a specified semiautomatic firearm shall have their license revoked by the Department of Revenue; and

WHEREAS, SB-3 is an unfunded mandate that requires county sheriffs to complete fingerprinting and conduct background checks on applicants to determine if they meet the criteria to receive a firearms course card without any additional funding or resources; and

WHEREAS, it is estimated that SB-3 will cost the state $1.4 million in the first year of implementation and $500,000 annually to maintain expenses that the state cannot bear given the state's budget shortfall; and

WHEREAS, SB-3 will harm gun store owners, rendering it illegal for gun store owners to sell large portions of their merchandise, potentially driving gun businesses to close or move out of the state; and

WHEREAS, SB-3 requires law-abiding citizens to jump through unnecessary hoops and pay significant fees in order to exercise their Second Amendment rights; and

WHEREAS, SB-3 is one of the most restrictive gun licensing systems in the United States that will be a burden to county sheriffs, gun store owners, and law-abiding Coloradans; and WHEREAS, despite widespread opposition from rural communities and defenders of constitutional rights, the Governor signed SB2025-3 into law, ignoring the concerns of law enforcement, small businesses, and law-abiding citizens across Colorado.

NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Otero County, Colorado, that this Board hereby declares its continued and unequivocal opposition to Senate Bill 2025-3. The Board expresses its profound disappointment that Governor Polis signed into law a bill that infringes upon Second Amendment rights, imposes unconstitutional and unfunded mandates on local governments, jeopardizes economic stability for gun-related businesses, and appears to conflict with rulings of the United States Supreme Court.

ADOPTED this 14th Day of April, A.D., 2025.

Watch the Video Here:

Otero County Commissioners Pass Resolutions Oppossing SB25-003 During April 14th Public Meeting

Related Content:

Otero County Commissioners Stand Up for 2nd Amendment via Resolution

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